Pay Equity Hearings Tribunal
0719-09-PE Brant Haldimand Norfolk Catholic District School Board, Applicant v. Ontario Secondary School Teachers’ Federation, Respondent.
1037-09-PE The Ontario Secondary School Teachers’ Federation, Applicant v. Brant Haldimand Norfolk Catholic District School Board, Respondent.
BEFORE: Mary Anne McKellar, Vice-Chair, Margaret Kvetan and Pauline R. Seville, Members.
DECISION OF THE TRIBUNAL: February 17, 2010
These are both applications under the Pay Equity Act with respect to the same Review Officer’s Order dated March 25, 2009. The matters have been scheduled to be heard together commencing on February 19, 2010 and continuing on March 11, 2010. There has not been any determination as to which party will proceed first.
By letter dated February 16, 2010, the applicant in Tribunal File 0719-09-PE (“the Employer” and “the Employer’s application”) seeks an adjournment of the hearing scheduled for February 19, 2010, on the basis that the responding party to that application (“the OSSTF”) served it “in January” with the report of a proposed expert, and the Employer is of the view it may be necessary to consult with and call its own expert. The Employer anticipates being able to proceed with the hearing on March 11, 2010. The OSSTF does not consent to the adjournment.
In the circumstances, we are prepared to adjourn the hearing scheduled for Friday, February 19, 2010. We note that the Employer’s correspondence dated February 16, 2010 is the first indication to the Tribunal that any party will seek to have us qualify any expert witness(es). The parties are referred to Rules 53 to 56 inclusive of the Tribunal’s Rules of Practice which set out the service and filing requirements for documentary materials pertaining to proposed expert testimony.
If the parties intend to proceed with the hearing on March 11, 2010, they must consult with one another and agree to truncated timelines for the exchange of materials respecting expert witnesses (including any expert reports), and file those materials with the Tribunal as far in advance of that hearing date as possible. We also expect that any issues pertaining to the qualifications of a proposed expert witness, or to the scope of the testimony intended to be adduced, will be identified in writing and provided to the party intending to call the witness and to the Tribunal in advance of the next hearing date.
Dated at Toronto this 17th day of February, 2010.
“Mary Anne McKellar”
Mary Anne McKellar, Vice-Chair
“Margaret Kvetan”
Margaret Kvetan, Member
“Pauline R. Seville”
Pauline R. Seville, Member